Income Tax

Interest on enhanced compensation for Land Acquisition taxable on accrual basis

Interest on enhanced compensation for Land Acquisition taxable on accrual basis as per law laid down by Hon’ble Supreme Court

ABCAUS Case Law Citation:
ABCAUS 2512 (2018) 09 ITAT

Important Case Laws Cited/relied upon by the parties:
M/s Rama Bai vs CIT

By the instant appeal was filed by the assessee against the order of the Commissioner of Income Tax (Appeals).

The assessee was an individual and derived income from business. The assessee had initially received compensation towards land acquisition. When the matter was carried in appeal before the Hon’ble high court, the compensation was enhanced and the assessee along with enhanced compensation, received interest for the period of 17 years.

The Assessing Officer, during the relevant assessment year, brought to tax the entire interest.  The CIT(A) confirmed the action of the AO.

Aggrieved the assessee was in appeal before the Tribunal.

The assessee submitted that the entire interest cannot be brought to tax in the relevant year but for the interest accrued during the year. The assessee relied on the decision of the Hon’ble Supreme Court and requested interest which is accrued during the current financial year only had to be brought to tax on an accrual basis.

The Department relied on section 145A of the Income Tax Act, 1961 (the Act).

The Tribunal observed that the Hon’ble Supreme Court held that interest on enhanced compensation under the Land Acquisition Act could not be taken to have accrued on the date of the order of the Court granting enhanced compensation but had to be taken as having accrued year after year from the date of delivery of possession of the lands till the date of such order.

The Tribunal opined that the judgment of the Hon’ble Supreme Court is binding and hence accordingly the interest income earned should be spread over the period of years, for which it has been granted.

Accordingly, the Tribunal directed the AO to compute only that interest on accrual basis in the impugned assessment year and restrict the addition to that count only.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

Object of assessment proceedings is not to find empirically correct solution on every fact issue – HC

It can never be the object of assessment proceedings to find an empirically, absolutely correct solution on every fact issue…

2 days ago
  • Income Tax

Penalty u/s 270A deleted as assessee filed revised computation during scrutiny

Penalty u/s 270A deleted as assesse filed revised computation during scrutiny correcting the mistake which was noticed only after the…

3 days ago
  • Income Tax

Penalty u/s 271B for unfilled column 40 in Tax Audit Report Form 3CD deleted by ITAT

Penalty u/s 271B for unfilled column 40 in Form 3CD related to details regarding turnover, gross profit etc. for previous…

5 days ago
  • Income Tax

Merely ex-parte rectifying computation without amending assessment order not make it nullity- ITAT

Merely rectifying computation without amending assessment order without notice to assessee does not nullify the entire assessment  - ITAT In…

1 week ago
  • Income Tax

Once assessee discharges primary onus, it shifts to AO to bring evidence to contrary – ITAT

Once assessee discharges primary onus of providing basic documents in support of the identity, genuineness and the creditworthiness it shifts…

1 week ago
  • Income Tax

Cost Inflation Index for FY/Tax Year 2026-27 notified by CBDT. See Up-to-date Table of CII

CBDT has notified Cost Inflation Index for Financial Year / Tax Year 2026-27 CBDT has notified "384" as Cost Inflation…

1 week ago